BILL NUMBER: AB 141	CHAPTERED  05/19/00

	CHAPTER   22
	FILED WITH SECRETARY OF STATE   MAY 19, 2000
	APPROVED BY GOVERNOR   MAY 19, 2000
	PASSED THE ASSEMBLY   MAY 11, 2000
	PASSED THE SENATE   MAY 8, 2000
	AMENDED IN SENATE   APRIL 4, 2000
	AMENDED IN SENATE   MARCH 27, 2000
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 22, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Knox
   (Coauthor:  Assembly Member Kuehl)

                        JANUARY 11, 1999

   An act to amend, repeal, add, and repeal Section 24216 of the
Education Code, relating to state teachers' retirement, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 141, Knox.  State teachers' retirement:  postretirement
earnings.
   Under the State Teachers' Retirement Law, the service retirement
allowance of a retired member shall be reduced if the member's
postretirement compensation from specified activities exceeds a
certain dollar amount; however, creditable service performed by a
retired member in an emergency situation to fill a vacant
administrative position is exempt from the calculation of that
earnings limitation in specified circumstances.
   This bill would expand that exemption, as specified, operative as
of July 1, 1999, until January 1, 2001.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 24216 of the Education Code is amended to read:

   24216.  (a) (1) A member retired for service under this part who
is appointed as a trustee or administrator by the Superintendent of
Public Instruction pursuant to Section 41320.1, or a member retired
for service who is assigned by a county superintendent of schools
pursuant to Article 2 (commencing with Section 42120) of Chapter 6 of
Part 24, shall be exempt from subdivisions (d), (e), and (f) of
Section 24214 for a maximum period of two years.
   (2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned and shall end no more
than two calendar years from that date, after which the limitation
specified in subdivisions (d), (e), and (f) of Section 24214 shall
apply.
   (3) An exemption under this subdivision shall be granted by the
system providing that the Superintendent of Public Instruction or the
county superintendent of schools submits documentation required by
the system to substantiate the eligibility of the member retired for
service for an exemption under this subdivision.
   (b) (1) A member retired for service under this part who is
employed by an employer to perform creditable service in an emergency
situation to fill a vacant administrative position requiring highly
specialized skills shall be exempt from the provisions of
subdivisions (d), (e) and (f) of Section 24214 for creditable service
performed up to one-half of the full-time equivalent for that
position, if the vacancy occurred due to circumstances beyond the
control of the employer.  The limitation specified in subdivisions
(d), (e), and (f) of Section 24214 shall apply to creditable service
performed beyond the specified exemption.
   (2) A member described in paragraph (1) may be exempt from the
provisions of subdivisions (d), (e), and (f) of Section 24214 for up
to an additional one-half of the full-time equivalent for the same
position, provided neither the member or any other member has ever
received an exemption pursuant to this paragraph for the same
position and the employer has satisfied the requirements of
subparagraph (D) of paragraph (3).
   (3) An exemption under this subdivision shall be granted by the
system subject to the following conditions:
   (A) The recruitment process to fill the vacancy on a permanent
basis is expected to extend over several months.
   (B) The employment is reported in a public meeting of the
governing body of the employer.
   (C) The employer submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision.
   (D) For exemption requests under paragraph (2), the employer shall
submit documentation to substantiate the unsuccessful attempts to
permanently fill the position while the position was occupied by a
retired member under paragraph (1) and that the vacancy continues to
exist due to circumstances beyond the control of the employer.
   (c) This section shall not apply to any person who has received
additional service credit pursuant to Section 22715 or 22716.
   (d) A person who has received additional service credit pursuant
to Section 22714 shall be ineligible for one year from the effective
date of retirement for the exemption provided in this section for
service performed in the district from which he or she retired.
   (e) The amendments to this section enacted during the 1999-2000
Regular Session shall be deemed to authorize exemptions pursuant to
paragraph (2) of subdivision (b) on and after July 1, 1999.
   (f) This section shall become operative on July 1, 1995, and shall
remain in effect only until January 1, 2001, and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1, 2001, deletes or extends that date.
  SEC. 2.  Section 24216 is added to the Education Code, to read:
   24216.  (a) (1) A member retired for service under this part who
is appointed as a trustee or administrator by the Superintendent of
Public Instruction pursuant to Section 41320.1, or a member retired
for service who is assigned by a county superintendent of schools
pursuant to Article 2 (commencing with Section 42120) of Chapter 6 of
Part 24, shall be exempt from subdivisions (d), (e), and (f) of
Section 24214 for a maximum period of two years.
   (2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned and shall end no more
than two calendar years from that date, after which the limitation
specified in subdivisions (d), (e), and (f) of Section 24214 shall
apply.
   (3) An exemption under this subdivision shall be granted by the
system providing that the Superintendent of Public Instruction or the
county superintendent of schools submits documentation required by
the system to substantiate the eligibility of the member retired for
service for an exemption under this subdivision.
   (b) (1) A member retired for service under this part who is
employed by an employer to perform creditable service in an emergency
situation to fill a vacant administrative position requiring highly
specialized skills shall be exempt from the provisions of
subdivisions (d), (e) and (f) of Section 24214 for creditable service
performed up to one-half of the full-time equivalent for that
position, if the vacancy occurred due to circumstances beyond the
control of the employer.  The limitation specified in subdivisions
(d), (e), and (f) of Section 24214 shall apply to creditable service
performed beyond the specified exemption.
   (2) An exemption under this subdivision shall be granted by the
system subject to the following conditions:
   (A) The recruitment process to fill the vacancy on a permanent
basis is expected to extend over several months.
   (B) The employment is reported in a public meeting of the
governing body of the employer.
   (C) The employer submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision.
   (c) This section shall not apply to any person who has received
additional service credit pursuant to Section 22715 or 22716.
   (d) A person who has received additional service credit pursuant
to Section 22714 shall be ineligible for one year from the effective
date of retirement for the exemption provided in this section for
service performed in the district from which he or she retired.
   (e) This section shall become operative on January 1, 2001, and
shall remain in effect only until July 1, 2003, and as of that date
is repealed, unless a later enacted statute, which is enacted before
July 1, 2003, deletes or extends that date.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to enhance the ability of school districts to fill vacant
administrative positions requiring highly specialized skills in
emergency situations, it is necessary that this act take effect
immediately.
